Accident Investigation Getting Facts to Make Decisions Presented by: Daecher Consulting Group Inc.

HOW TO MANAGE ACCIDENT INVESTIGATION Conducting the Investigation Investigate every accident or injury Investigate immediately Develop preventative plans Why Investigate Collect evidence / facts Objective determination of preventability Determination of root cause Implementation of corrective actions Assessment of liability

BASIS PRELIMINARIES FOR SUCCESSFUL ACCIDENT INVESTIGATION Be a “Columbo” Thin 5 “Ws” (Who, What, When, Where & Why) and “H” (How) Key Mission - Investigate Key Result – Document Evidence

ELEMENTS OF AN ACCIDENT (CHAIN OF EVENTS) Common events are: 1.      Point of possible perception B where a normally attentive person could have perceived the hazardous situation. Always comes at or before the point of perception. 2.      Point of perception B where the (potentially) hazardous situation is actually perceived by the driver or pedestrian involved. 3.      Encroachment B is movement into the path assigned to another traffic unit. Example: crossing the centerline. 4.      Start of evasive action B the first action taken by a traffic unit to avoid a collision course or otherwise avoid a hazard. 5.      Point of no escape B that place and time beyond which the accident cannot be prevented by the traffic unit. The position of this point in the chain of events can vary considerably. 6.      First Harmful Event B “the first occurrence in a traffic accident that results in appreciable damage or injury; the occurrence determining the time and place of the accident; usually the first contact in impact.” 7.      Initial contact B the first accidental touching of an object collided with by a traffic unit in motion. 8.      Maximum engagement B the greatest collapse or overlap in a collision. The deepest penetration of the perimeter of the traffic unit. 9.      Disengagement B separation of a traffic unit in motion from an object with which it has collided.   Note: May have repeated contacts where #7, #8, and #9 are repeated in the second collision. 10. Stopping and final position B where the vehicles come to rest; the accident situation is stabilized. 

THE ELEMENTS OF AN ACCIDENT (CHAIN OF EVENTS)

ANATOMY OF AN ACCIDENT Phase 1: Pre-Impact Ability to Make Appropriate Decision Perception / Reaction (Conspicuity) Attempt to Avoid Attempt to Stop

ANATOMY OF AN ACCIDENT Phase 2: Impact Damage Injury Speed and Direction Changes “Crash Worthiness” of Objects

ANATOMY OF AN ACCIDENT Phase 3: Post-Impact Movement of Vehicle to Point of Rest Occupant Movements / Additional Injury Vehicle / Occupant “Containment”

FOUR BASIC ELEMENTS OF ACCIDENT INVESTIGATION Scene Clues Skid marks Gouge marks Points of impact Debris Fixed object locations and damage

FOUR BASIC ELEMENTS OF ACCIDENT INVESTIGATION Physical Damage Clues Vehicle damage and direction of force Mechanical defects Tire and wheel damage Gouge matching

FOUR BASIC ELEMENTS OF ACCIDENT INVESTIGATION Injury Clues Determine injuries to drivers and passengers Use medical reports and autopsy reports Trace “injury path” to forces applied at time of impact and damage

FOUR BASIC ELEMENTS OF ACCIDENT INVESTIGATION Geometric and Traffic Regulatory Clues Geometric deficiencies Surface deficiencies Signing location and deficiencies Detail traffic control operations Street lighting location and deficiencies Construction zones Sight distances Sight obstructions

ACCIDENT SCENE EVIDENCE Debris Pavement scars Roadside damage Tire marks

LOCATING IMPACT AREA Critical for Proper Assessment Debris Liquids Gouges Scratches Tire Marks

TIRE MARKS Prints Skids Scuffs

EXAMPLES OF SKIDS Skip Skid Straight Skid Off-Set Skid Intermittent Skid

EXAMPLES OF SKIDS Centrifugal or Sideslid Skid Yaw Skid

EXAMPLES OF SKIDS

Accident Significance METAL SCARS Characteristics How They Are Made Accident Significance A. Scratch 1. Narrow 1. With little pressure 2. Sheet metal dragged across road surface 1. Shows where a vehicle rolled over on the roadway 2. Shows the path the vehicle followed B. Scrape 1. Broad 2. Underbody parts 1. Locating point of maximum engagement C. Chip Gouge  1. A small and deep chunk of pavement dug out of road surface  1. By metal parts with the force of an accident behind it 2. Not just weight alone 1. Made during maximum Engagement 2. Can not determine movement or direction of vehicle travel  D. Chop Gouge   1. Broad & shallow 2. Heavy mark in bituminous material 3. Only a scratch in Portland cement (concrete) 1. Vehicle frames 2. Transmission housing 3. Bent wheels 4. Any metal part that is broad in shape and size 1. Occurs at maximum engagement 2. It can indicate the direction of travel E. Groove Gouge 1. Long 2. Narrow 1. By projecting a. nuts b. studs c. etc. 2. Drive Shaft 3. Broken tie rod ends  1. Can/can not determine direction of travel 2. Continues beyond point of maximum engagement 3. Can match it with the vehicle part making it  F. Towing Scratches & Grooves Same as A, B & E above 1. Towing a vehicle from the scene 1. None 2. Can add confusion to the investigation 3. Should observe when vehicles are being moved

TRAFFICWAY CONDITIONS THAT CAN CONTRIBUTE TO AN ACCIDENT 1.     View Obstructions - On the road - Off the road - Roadway contours - Intersections   2.    Reduced Visibility - Darkness - Fog/smoke - Heavy snow or rain - Glare 3.     Surface Conditions - Slipperiness - Ruts - Holes - Curbs - Shoulders - Railroad crossing 4.      Road Alignment - Curves - Road widths - Bridges   5.      Construction Zones - Advanced warning - Cone/barrel placement - Equipment & crew - Work zone speeds 6.     Traffic Control Signs - placement - absence - readability - appropriateness Traffic Signals - Visibility - operation sequence - clearance intervals 7.    Street Lighting - Placement - Intensity - Maintenance 8.    Pedestrian/Bicycle - Facilities - Sidewalks - Crosswalks

PHOTOGRAPHY WHY PHOTOGRAPH? a. To record information for later use. b.     To assist memory c.     To impeach principles and witness=s d.     To support or discredit testimony e.     Unbiased f. Accurate

PHOTOGRAPHY ACCIDENT SCENES a. Overall of scene b.     Facing direction of vehicles approach c.     Area of impact d.     Fixed object damage e.     Sight distances f.      Sight Obstructions g.     Road Condition h.     Any evidence which you are about to secure                                        i.      points of rest of vehicles, objects, people                                        ii.     tire marks                                        iii.     metal scars                                        iv.     debris                                        v.      fluid marks i. Any other conditions or items that may be of importance

PHOTOGRAPHY

PHOTOGRAPHY VEHICLES a. Basic 4 of each unit b.     close ups of areas of damage to each unit c.      Interior               i.      Seats               ii.     Dashboard               iii.     Gearshift               iv.     important items (alcohol, drugs, etc.) 

PHOTOGRAPHY

IMPORTANCE OF ACCIDENT SCENE DIAGRAMS Visual clarity of accident Basic file / report information Easily useable by others for additional investigative purposes

ACCIDENT MEASURING PROCEDURE I. Decide if measurements are necessary II.  Photograph the scene III.  Locate the temporary evidence IV. Locate and mark each point to be measured, including: a.      Start of skid marks b. Skid mark direction changes c. Skid mark crossings     d. Vehicle wheel positions at first rest       e. Gouges in the roadway        f. Major debris points V.     Make a field sketch of the accident scene       

WHAT IS A COMPLETE INVESTIGATION Scene Property damage Injury information Highway design / workplace clues Maintenance / accident history CVO information and interpretation Driver interview / statement Statements of other involved parties Witness interview / statements

INTERVIEW GUIDELINES When taking a statement from someone who has been involved in an accident or who has witnessed an accident it is important to remember that any guide is simply that, a guide that assists in covering certain important elements for any type of accident. There cannot be one guide for all accidents. The cooperative nature of the person giving the statement and whether they have a vested interest in the outcome may affect how the questions are answered. Preparation is vital in securing a good and thorough statement. This same guide can be used for witnesses as well as those directly involved. Remember, statements of minors should not be taken unless in the presence of or with a parent or guardian.   Introduce yourself. Help the person be at ease as much as possible. Try not to write answers while you question, as it can be very distracting. A tape-recorded statement can be taken and is the best. It is in the subject=s own voice and words. It is his/her exact statement. Ask the person to state their full name; age; address; phone number; occupation; and how they can be reached at a later time. Ask how the accident happened from the beginning. Pre-accident events, where they were coming from and going to. Details of the accident. What attracted their attention to the accident? Did they actually see the accident? Post accident events. Where the vehicles came to rest. How many persons in the vehicles involved. Did they hear any statements from any of the drivers involved; what were they. If they are a driver, what happened and what was their perception of the accident causation. For a witness, be sure to ascertain exactly where the witness was and how far they were from the accident. Restate the accident as it was just described to you, then ask the person if your understanding is accurate to the best of their knowledge. Ask for a description of all damage and injuries as a result of the accident. Ask for the names and locations of all those involved or those who could have witnessed the accident. If names are unknown, ask for a physical description of all parties. Ask who responded to the accident and when, secure names, badge numbers, etc. for identification. Ask if there were any type of controls or safety devices not in use that were available (machinery guards, traffic controls, warning signs posted, non-skid strips on flooring, etc.) Ask for their opinion as to why the accident occurred and who or what caused or is at fault for the accident. Ask if there is anything they would like to add or change to what they have already said.

INVESTIGATION RESULTS Photos / vehicles Measurements Collection of evidence Statements Documents

IMPORTANT ELEMENTS IN THE FORMATION OF OPINIONS Post accident vehicle movement Point of impact Skid marks /evidence of braking previous to impact Human factors Documents Reference sources and materials

HOW OPINIONS ARE FORMED Statements Measurements Photographs Calculations “Standards of Knowledge” Facility review Operational review

ADVANCED PREPARATION Use checklists Accident Report Checklist Driver’s Post-Accident Checklist Dispatcher/Supervisor Post-Accident Checklist Investigator’s Post-Accident Checklist

ITEMS NEEDEDFOR SCENE INVESTIGATIONS Chalk or crayon Hand-held tape recorder Road maps Clipboard / graph paper / pencil Accident investigator’s template Tire gauge / tread depth indicator Safety vest Gloves Rain gear / boots Flashlight Camera (35 mm or digital) and flash One 100’ tape and 12’ tape Rolotape

WHAT TO DO AT THE SCENE BE SAFE! Coordinate with claims adjuster Talk to driver Inspect the scene Inspect vehicles and other damaged property Secure evidence Talk to police Talk to witnesses Detail on-site claims activity

HANDLING THE MEDIA Stay in control Be professional DO NOT admit liability Facts – use carefully State why your are there (investigate) State what your purpose is (take appropriate action) State where you are at (it’s too early to know what actually happened)

INVESTIGATION BY I. A.’s Timeliness Complete investigation Investigate statements You control and direct